1. Agreement.

You and Affordable PC Supply (APCS) agree that your order is an offer to purchase the products listed in your order ("Products") on the terms and conditions listed below which will become a contract ("Agreement") when accepted by APCS via confirmation that specifically references your order or when APCS ships to you the Products you ordered, whichever occurs earlier, and the banking, negotiation or other use of any payment shall not constitute an acceptance by APCS. When you send your order to purchase Products to APCS, that order shall constitute your agreement to these terms and conditions of purchase. You represent you have the legal authority to enter into this Agreement on behalf of yourself or any party you represent. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any such attempt will be null and void unless otherwise agreed to in a written agreement signed by both you and APCS. If any provision of this Agreement is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of this Agreement.

2. Governing Law.

EXCEPT FOR CALIFORNIA'S CONFLICT OF LAW PROVISIONS, THE LAWS OF THE STATE OF CALIFORNIA WILL GOVERN THE SALE.

3. Payment Terms...

Seller accepts all major credit cards, money orders, cashier's checks, and company checks in U.S. Dollars only. If Seller believes, in its sole discretion, that Buyer's ability to make any payment(s) called for by these terms and conditions may be impaired, Seller may, in its sole discretion, and in addition to any other rights Seller may have, require payment in advance of shipment or delivery of any or all of the goods ordered with Seller or otherwise change the terms of Buyer's credit, or delay the shipment of said goods (whether or not in transit), or cancel Buyer's order for all or any of the then remaining balance of goods covered by these terms and conditions, without Seller incurring any liability for loss or damage of any kind by reason of such change, delay or cancellation and with Buyer remaining liable to pay for goods already shipped. Interest on overdue payments shall be payable at the rate of the lower of: (i) the maximum rate permitted by applicable law, and (ii) two percent (2%) per month. In the event that legal action is taken by Seller under these terms and conditions, Buyer shall be liable for Seller's reasonable attorney's fees, plus costs of such action as permitted by applicable law.

4. Shipping Charges; Customer Location.

Separate charges for shipping will be added to the cost of the Products. APCS will only accept orders from billing and shipping addresses located within the 50 United States. APCS reserves the right to limit quantities.

Shipping.

What are the shipping options and Cut-Off times?
Fed-Ex and UPS main carriers.

A. Next day - cut off time 2 P.M. Pacific Time:

1. Next Day Air (Guaranteed by 10:30 am)
2. Next Day Air Early A.M.(Guaranteed by 8:30 am), if available in your area.
3. Next Day Air Saver (Guaranteed by the end of the day)
4. Saturday delivery by noon, if available in your area (for orders shipped on Friday specifically for Saturday delivery)

B. Second day air - cut off time 2 P.M. Pacific Time

1. Second Day Air (Guaranteed by the end of the second business day)
2. Second Day Air A.M. (Guaranteed by noon of the second business day)

C. 3-day select (Guaranteed within 3 business days) - cut off time 2 P.M. Pacific Time

D. Ground - cut off time 4.30 P.M. Pacific Time. Please note that Ground residential delivery is not guaranteed within a certain time frame.

After 2’00 P.M. Pacific Times special shipping arrangements can be made by calling 760-729-7752Saturdays, Sundays and all major holidays no shipping, unless special arrangements made by calling 760-729-7552..

5. Taxes.

All applicable local, city, and state taxes are your responsibility and will be applied to the order. You agree to pay these taxes.

6. TITLE.

Unless otherwise agreed to in writing, title to the goods shall remain with Seller until all payments for goods ordered with Seller have been made to Seller.

7. Governmental Authorizations.

You are solely responsible for obtaining any licenses or other governmental authorizations related to your use of the Products that may be required by any federal, state or local government agency, and for complying with all rules and regulations imposed by such agencies. APCS is not your agent or representative in governmental matters.

8. WARRANTIES.

In the case of all goods sold hereunder, the only applicable warranties will be provided by the manufacturers of the goods specified herein. Seller shall assign to Buyer any warranty delivered to it by the manufacturer of such product and such warranty shall expressly be in lieu of any other warranty by Seller. APART FROM THE MANUFACTURER'S WARRANTY, IF ANY, THE GOODS SOLD HEREUNDER ARE PROVIDED "AS IS" WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.SOME STATES DO NOT ALLOW AN EXCLUSION OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. APCS reserves the right to modify its warranties prospectively at any time, in its sole discretion.

9. Software License.

All software is provided subject to the end user license agreement that is part of the package. You agree that you will be bound by the license agreement once the package is opened or its seal is broken. If you don't agree to abide by the end user license agreement, you must return the software to APCS, with the software unused, for a refund of your purchase price.

10. RETURNS.

In order to return any goods to Seller, Buyer must obtain a Return Merchandise Authorization (RMA) number. RMA numbers will be issued only up to fifteen (15) calendar days from the invoice date. The RMA number is valid for ten (10) calendar days. Goods received by Seller with an expired RMA number will be refused and returned to Buyer. NO returns of any type will be accepted without an RMA number. Seller reserves the right to refuse any return which is not 100% complete, in resalable condition (packaging has not been damaged or defaced), and includes original packing material, manuals, blank warranty cards and other accessories provided by the manufacturer. Goods accepted for credit or exchange upon return will be subject to a 20% restocking fee. Buyer is solely responsible for paying all return freight expenses. THIS RETURN POLICY IS NOT A WARRANTY. SELLER MAY CHANGE OR CANCEL IT AT ANY TIME. All products carry a 30 day house warranty (DOA) All non defective returns accepted for credit only and should be handled through the manufacturer. All defective returns handled on a return and repair basis. Non-defective returns are subjected to a 20% restocking fee.

PLEASE CALL FOR RMA FORM: 760-729-7552 or any questions concerning returns

11. Products.

APCS policy is one of on-going product update and revision. APCS may revise or discontinue Products at any time. APCS will ship Products that have the functionality and performance of the Products ordered, but differences between what is described in hardcopy or electronic versions of APCS Products documentation and what is shipped are possible. APCS attempts to be as accurate as possible, but does not warrant that product descriptions or any other content or materials on this site are accurate, complete, current, or error-free. If a product you purchase from this site is not as described, your sole remedy is to return it in unused condition under the return policy.

12. ERRORS AND OMISSIONS.

While Seller tries very hard to ensure the accuracy of its information, Seller is not responsible for vendor availability, typographical errors, technical inaccuracies, product pricing errors or omissions. Seller has the right to cancel any orders placed for any product listed at an incorrect price or shown with incorrect information, whether due to typographical error or otherwise and whether or not Buyer's order was accepted or Buyer's credit card was charged. Upon any such cancellation, if Buyer's credit card has already been charged for the purchase, Seller will promptly issue a full credit to Buyer's account.

13. Limitation of Liability.

You agree to defend, indemnify and hold APCS. harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of this site, APCS. shall not be liable for any damages or injury resulting from your access to, or inability to access this site, or from your reliance on any information contained in this site..

14. Compliance with the Law; Resale Sales and U.S. Government Sales Not Intended.

You agree to comply with all applicable laws and regulations of the various states and of the United States and other countries that relate to the Products or this Agreement.

15. Export Compliance.

The hardware, software, and technology provided to you are subject to the U.S. Export Administration Regulations and may be subject to similar laws, regulations, or requirements in other countries. You agree to comply with the U.S. Export Administration Regulations and such other laws, regulations, or requirements as may apply to your receipt, re-export and use of the hardware, software, and technology provided to you. This provision shall survive the termination of this contract.

16. Miscellaneous·

APCS reserves the right to make changes to the information in this site, or to the services described therein, at any time without notice. APCS makes no commitment to update this information.

• Jurisdiction- By using this Web site you expressly agree that exclusive jurisdiction for any dispute with us or in any way relating to your use, including misuse, of this Web site, resides in the federal and state courts of the state of California, County of or the Southern District of California and in accordance of the laws of the State of California, without regard to any conflict of law provisions. You also expressly consent to the exercise of personal jurisdiction in those courts in connection with any dispute relating to your use, including misuse, of this Web site.
  
  
• Severability- The provisions of this site are severable if any condition is found invalid by any court having competent jurisdiction, its invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions which shall remain in full force and effect.